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West Virginia Court of Claims

Volume Number: 30
Category(s): STIPULATED CLAIMS
Opinion Issued July 30, 2013
GREGORY A. FOSTER
VS.
DIVISION OF HIGHWAYS
(CC-11-0464)
     Claimant appeared pro se.
     Andrew F. Tarr, Attorney at Law, for Respondent.
     PER CURIAM:
      This claim was submitted to the Court for decision upon a Stipulation entered into by Claimant and Respondent wherein certain facts and circumstances of the claim were agreed to as follows:
      1. On February 23, 2011, the Claimant, Gregory Foster, was traveling along I-64 near Charleston, Kanawha County, when his 2004 Chevrolet Trail Blazer struck debris in the travel portion of the road.
      2. Respondent was responsible for the maintenance of I-64, which it failed to maintain properly on the date of this incident.
      3. As a result of this incident, Claimant’s vehicle sustained damage in the amount of $563.47. The Claimant’s collision insurance requires a $250.00 deductible amount; therefore, Claimant is limited to an award in the amount of $250.00.
      4. The Court finds that the amount of $250.00 is fair and reasonable.
      The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of I-64 on the date of this incident; that the negligence of Respondent was the proximate cause of the damages sustained to Claimant’s vehicle; and that the amount of damages agreed to by the parties is fair and reasonable. Thus, Claimant may make a recovery for the damage.
      It is the opinion of the Court of Claims that the Claimant should be awarded the sum of $250.00 in this claim.
      Award of $250.00.
     
Summary:
     


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